Madras High CourtCRL OP/18242/2020modified

N.Moorthy v. State

2020-11-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA N.Moorthy S/o.Nagappan

...Petitioner

Vs.

The State of Tamil Nadu Rep. by Inspector of Police, Karumalaikoodal Police Station, Mettur Dam Crime No. 351 of 2020

...Respondent

Prayer: Criminal Original petition have been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to set aside the order passed in Crl.M.P No.425 of 2020 dated 19.10.2020 and modify the bail condition that the petitioner shall appear before the respondent police daily at 9.00 AM until further orders imposed by the Special Court for Exclusive Trial of Cases under POCSO Act, Salem in Crl.M.P No.336 of 2020 dated 19.08.2020. For Petitioner : Mr.M.P.Rajavelayutham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor 1/4

ORDER

(This case has been heard through video conference) This petition has been filed to set aside the order passed in Crl.M.P No.425 of 2020 dated 19.10.2020 and modify the bail condition that the petitioner shall appear before the respondent police daily at 9.00 AM until further orders imposed by the Special Court for Exclusive Trial of Cases under POCSO Act, Salem in Crl.M.P No.336 of 2020 dated 19.08.2020.

2. The learned counsel for the petitioner would submit that the petitioner is a coolie worker and the sole bread winner of his family and he has been complying with the conditions regularly and hence, he seeks to modify the condition that the petitioner shall appear before the respondent police daily at 9.00 AM until further orders, imposed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem

3. The learned Additional Public Prosecutor would also submit that the petitioner has been complying with the the conditions.

4. In view of the above submission, the condition imposed on the petitioner in Crl.MP.No.336 of 2020, dated 19.08.2020 is modified to the effect that the petitioner shall appear before the respondent police on every Saturday at 10.30 a.m until further orders.

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5. With the above modifications, this Criminal Original Petition is ordered.

20.11.2020 uma To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem 2.The Inspector of Police, Karumalaikoodal Police Station, Mettur Dam

3. The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J.

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